The controlling Code Section is 18.2-250.1.
Under the statute, “any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.”
Virginia judges seldom incarcerate first offenders of this statute. However, they often impose a fine generally in the $100-$250 range. They also must suspend the first offender’s drivers license for 6 months. The General Assembly has not made it within a judge’s discretion to fashion a sentence for a first offender without the drivers license suspension.
Thus a first offender who has been found guilty can expect to have to pay a fine and court costs and have his or her license suspended for 6 months. It is important to note that a first offender will have the ability to obtain a restricted drivers’ license so long as that person is found to be eligible. Virginia law allows restricted driving privileges to work, school, VASAP, church etc.
Winslow & McCurry, PLLC (WMM Legal) is committed to the defense of your possession of marijuana case. Beating the charge is always the first goal. If this is possible, no fine or license suspension will be imposed.
Depending on the facts of your case, we may work to negotiate your case to “possession of drug paraphernalia.” This outcome carries with it no license suspension.
